DRO Appeal evidence

[BuddyLoveAK]

Hello,

I have been looking through the forums trying to get an idea of what to expect during the appeals process, and I learned a lot! Thank you to everyone on here who shares their past experiences and wisdom. I am hoping to get some advice, feedback, or even speculation as to how strong my appeal is. I have been going through the Schedule of Ratings for Mental Disorders to try and figure out where I might fall on that spectrum, but I fit in several categories. Can anyone share their opinion on where I fall? I know this is all speculation, and each case is unique, so I'm not going to take this as gospel. I'm just trying to get an idea of what other people who have experience with this think of my case. Right now I have no clue whether or not my IMOs, C&P exam, personal statement, and my mom's statement are any good or if I may have included any information that could hurt my case. Attached is all of the evidence I submitted with my NOD. A couple of notes: I didn't tell the C&P exam psychologist that I had a personality disorder, I told him I did NOT have one. However, he wrote that I admitted to having one. Also, the progress notes page with the highlighted sentence is from my psychiatrist's progress notes. One attached file is my personal statement, the other file is everything else.

 

Brief history: I had what I believe was a manic episode in the Marines and was discharged with a borderline personality disorder after some shady stuff with my command and the navy psychiatrist, was untreated following discharge for 7 years, had another episode in 2014 that led to me being diagnosed with bipolar 1, my docs urged me to file for benefits because they think this started in the Marines, denied, appeal submitted. 

 

Thank you for your time and input!

 

 

 

VA Appeal copy_Redacted.pdf

20170511160843_Redacted.pdf

Edited May 12, 2017 by BuddyLoveAK
Attachments

[BuddyLoveAK]

I went through my in-service medical records and found 3 instances where the Navy docs were considering bipolar disorder and anxiety disorder vs personality disorder. Attached is a screenshot of one of those. Is that a nexus? Since my discharge I have been diagnosed with both bipolar disorder and anxiety disorder, so is the fact that they were considering those diagnoses at the time considered a nexus? I've been trying to figure out what "nexus" is/means in my case. Thanks for your input.

 

 

[BuddyLoveAK]

I'm still waiting for my c-file, so I don't know what exactly is in it. But this section in my C&P exam leads me to believe that it says I had a mood disorder diagnosis from 11/06 - 03/07. If so, that's a great thing for me. But how it's worded leaves me unsure what exactly is being said. Will someone tell me what you think the examiner is saying?

 

 

[Gastone]

BLA, are you waiting on a DRO Review or DRO Hearing? Be sure you have forwarded to the VA Rating Dept, the Mandatory N & Material Evidence that was not in your C-File and available to the original Rater's Review.

With a DRO Review, failure to provide the N & M Evidence will result in a "Rubber Stamp" Administrative Denial of your NOD.

Semper Fi

[BuddyLoveAK]

I'm waiting for a DRO review. I submitted letters from my doctors, is that considered new and material evidence? I'm waiting for my c-file so I can have a more comprehensive IMO written up.

[Gastone]

Any Medical Evidence that was not available to the original Rater for Review, was not in your C-File and considered "EOR" Evidence of Record, would be considered New & Material, thus satisfying the mandatory Submission of same.

If in fact, unbeknownst to you these same SMR Records were review by the original Rater, you could get an Administrative DRO Denial for Failure to provide the required N & M Evidence. There be the problem with a DRO Review, you won't know until you get the DRO Decision (4-6+ mos after the Review) and possible/probable SOC (Statement of Case) is included discussing the continued Denial.

You could immediately file an "Official Request for an Informal DRO Evidence Conference." If you have the "IDEC" before the actual Review, you'd know if what you submitted had been reviewed before. DRO's can Award at an "IDEC!"   

Semper Fi

[BuddyLoveAK]

UPDATE:

Unfortunately, I got the SOC in the mail today. Looks like it's on to the BVA. They essentially said that the letters from my docs weren't sufficient enough to invalidate the original diagnosis. So I'm going to get a real IMO that's a lot more substantial.